A/HRC/43/45/Add.2
Annex
Report of the Independent Expert on the effects of foreign
debt and other related international financial obligations of
States on the full enjoyment of all human rights, particularly
economic, social and cultural rights, on his visit to Mongolia
I. Introduction
1.
Pursuant to Human Rights Council resolutions 34/3 and 37/11, the Independent
Expert on the effects of foreign debt and other related international financial obligations of
States on the full enjoyment of all human rights, particularly economic, social and cultural
rights, Juan Pablo Bohoslavsky, conducted an official visit to Mongolia from 2 to 11
September 2019.
2.
The visit had four main objectives: (a) to examine macroeconomic policies, including
debt issues, from a human rights perspective; (b) to gain an understanding of the extent to
which mineral rents are translated into inclusive and comprehensive social and environmental
policies, contributing to the progressive realization of human rights and to sustainable
development; (c) to assess the efforts deployed by the Government to prevent and combat
illicit financial flows and their impact on human rights; and (d) to examine lending for
infrastructure and mining projects and other foreign direct investment from a human rights
perspective.
3.
The Independent Expert held meetings with various ministries, agencies, local
government and other stakeholders, including international financial institutions, scholars,
civil society and the private sector. He thanks them for their time and for the open dialogue
held with them during the country visit.
II. Human rights obligations and international commitments
4.
Mongolia ratified both the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights on 18 November 1974.
It is also party to most human rights conventions, including the Convention on the Rights of
the Child, the Convention on the Elimination of All Forms of Discrimination against Women
and the Convention on the Rights of Persons with Disabilities. Although it is a party to all
the fundamental conventions of the International Labour Organization (ILO), Mongolia has
not yet signed the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
5.
The Constitution of Mongolia includes provisions on the rights to life, a healthy and
safe environment, equality and non-discrimination, access to health, education, social
protection and cultural life. While a significant number of economic, social cultural rights
are explicitly cited, some – such as the right to an adequate standard of living – are not,
despite Mongolia having ratified the relevant international human rights conventions. The
Constitution defines the status of the State’s natural resources, including land and subsoil
(art. 6 (1)), a provision of particular relevance given the nomadic heritage, traditional pastoral
practices and mineral rich subsoil in Mongolia.
6.
Pursuant to article 2 of the International Covenant on Economic, Social and Cultural
Rights, States parties have the obligation to take steps, to the maximum of their available
resources, with a view to achieving progressively the full realization of economic, social and
cultural rights. Since the ability to devote the maximum resources to fulfil this obligation is,
in practice, directly linked to current economic, debt, tax, monetary, financial, environmental
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